When dealing with a family dispute, understanding the difference between family mediation and lawyer negotiation can help you decide which approach may be right for you. While both aim to help parties reach an agreement, the process and roles involved are very different.
What is Family Mediation?
A family mediator is neutral and impartial. Rather than representing either person or giving an opinion, the mediator guides the process and creates an environment in which both parties can communicate and have their say.
The mediator assists the parties to develop possible solutions and help them reality-test the different options. Mediation encourages direct dialogue and collaborative problem-solving, which can help reduce acrimony between the parties.
At the end of mediation, the mediator prepares a record of the agreement reached. This is not legally binding, so the parties may then need to speak to their lawyers about taking the appropriate next steps. The parties share the cost of the mediator.
If you’d like to learn more about how family mediation works, the Family Mediation Council provides further information about the mediation process and accredited family mediators.
How Does Lawyer Negotiation Differ?
With solicitor or barrister negotiation, each party has their own legal representative who represents their interests. The parties do not negotiate directly with one another. Instead, their solicitors or barristers conduct the negotiations on their behalf.
Depending on the nature of the dispute, an agreement reached through lawyer negotiation can be legally binding. Each party pays the fees of their own solicitor or barrister.
Which Option Is Right for You?
Both approaches have their merits, and the right choice will depend on your circumstances and what you want to achieve.
At Children in the Middle, we offer both family mediation and barrister negotiation. Contact us to find out more about your options and how we can help.